Sall v. Schnackenberg

McCówn, J.

The plaintiffs brought this action to recover the balance due for hay purchased by the defendant at a public auction. From a verdict in favor of the plaintiffs the defendant has appealed.

The plaintiffs- employed auctioneers and sold prairie hay at public auction on December 3, 1956. The defendant was the highest bidder and it was sold to him for $21.50 per ton. There were over 2,000 bales of' hay, and the defendant removed a substantial portion of it during the period following the sale and up- to April 26, 1957, and paid for most of the hay he removed. Thereafter, the defendant…